Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 58

If an instruction is not stated to be a variation, and the Contractor does not consider that it is, but does believe that the instruction fails to comply with applicable laws or will reduce the safety of the works or is technically impossible, then under sub‐paragraph (b) of clause 3.5/3.4 he must, again before commencing any work related to the instruction, immediately give a notice to the Engineer/Employer with reasons for his view. The same seven‐day response is required from the Engineer/Employer confirming, reversing or varying the instruction, with the Contractor being bound to comply with the terms of the Engineer's /Employer's response, provided the notice is given in time.

The purpose of this provision is to deal with instructions which are not stated or considered by the Contractor to be variations but where the Contractor considers that the instruction fails to comply with applicable laws, will reduce the safety of the works or is technically impossible. The 2017 Books thus introduce a specific right to object to an instruction in three specific situations where there would otherwise not be (and was not in the 1999 editions) any right to object. The Engineer/Employer has the final word, however, and may confirm the instruction despite the Contractor's objection.⁶